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GAZETTE

DECEMBER 1978

Dublin Solicitors' Bar Association

Annual General Meeting

At the recent Annual General Meeting of the

Association the following Officers and Council were

elected for the year 1978/79:

John Buckley, President.

Moya Quinlan, Vice President.

Andrew Smyth, Hon. Secretary.

Clare Cusack, Hon. Treasurer.

Council members:

Michael Farrell

Elma Lynch

Stephen Maher

Vivian Mathews

Charles Meredith

Herbert Mulligan

Rory O'Donnell

Colm Price

Laurence Shields

Rory O'Connor and Peter McMahon were re-

elected as the Association's Hon. Auditors.

EXTRAORDINARY GENERAL MEETING

At an Extraordinary General Meeting of the

Association held at Blackhall Place on the 20th of

November 1978, Rory O'Donnell proposed on a Notice

of Motion, seconded by Herbert Mulligan, that the name

of the Association be altered to "Dublin Solicitors

Association" Mr. O'Donnell argued that the word "Bar"

was no longer appropriate to the activities of the

Association, the activities of which had over the years

become of a much more general nature. However, after

much eloquent argument in the course of which it was

pleaded on the one hand that the word "Bar" had

acquired a traditional and widely understood meaning in

the Profession and, on the other hand, that the word had

only one normal and popular connotation (both

arguments not necessarily mutually exclusive), the

Motion was lost.

In the course of the argument it was even suggested

that, on the American precedent, the word "Solicitor"

was open to misinterpretation and should be dispensed

with.

"ANY OTHER BUSINESS"

Several interesting issues were raised at the

Association's Annual General Meeting which it is felt

should not pass without wider expression.

Rory O'Donnell mentioned recent alterations in the use

of Certificates of Reasonable Value and drew the

Meeting's attention to the fact that there are now two

additional forms of C.R.V. (one for a flat and the other

for a house) which do not entitle the purchaser of the

house or flat to stamp the purchase deed "exempt frm

stamp duty". Worse still,' it was difficult to ascertain from

the face of the four forms of C.R.V. issued by the

Department of the Environment to indicate which form

entitles the Purchaser to exemption from stamp duty and

which does not. Representations are being made to the

Department of the Environment to have a clear statement

as to the stamp duty position added to each form of

C.R.V. Members will be notified about the results of this

in due course.

Rory O'Donnell also referred to an apparently

incresing practice in the sale of new houses, the price of

which exceeded the certified "reasonable value". It

appears that a number of Vendors of houses are charging

the "reasonable value" as the stated contract price, and

are collecting the excess price under the heading of

"extras" — which "extras", in many cases, do not exist.

This practice has already been the subject of comment in

the Gazette of The Incorporated Law Society which

recommended the profession should do everything

possible to prevent it.

In discussion, it was agreed that there were many

genuine cases in which "extras" did indeed justify the

price increase and Show Houses, sold with carpets,

curtains and fully-fitted kitchens, were cited as a valid

example.

Noel Reid raised a number of interesting and thought-

provoking matters, including a suggestion that the Courts

might consider sitting for one more than their present 32

weeks per annum. He argued that the present custom had

its origins in the travelling conditions and work-load of

the 18th Century and might profitably be revised in the

light of today's environment. No reference was made to

the possible effect of such a change on the volume of

reserved judgments or the speed with which they might

issue following an increase in the length of Court terms!

Discussion also took place on the Religious Services

conducted at the commencement of each Law Term and

Maurice Kenny proposed that a recommendation should

go forward from the meeting that, instead of separate

Religious Services, the possibility of an ecumenical

Service should be investigated. The Meeting was clearly in

agreement with this suggestion and the President

undertook to have it investigated.

The President himself mentioned that the next Annual

Dinner of the Association would be held, for the first

time, at Blackhall Place, on Friday 16th February 1979.

He hoped that the setting would be successful and would

be the first of many such Dinners.

DETECTIVES (PRIVATE) EIRE

International Investigators

Solicitors' Enquiry Agents — Process Servers — Commercial Enquiries

294 Merrion Road, Dublin 4. Tel. (01) 691561. Telex 30493.

16 Wellington Park, Belfast 9. Tel. (0232) 663668. Telex 747958.

LONDON — also BRIGHTON, SUSSEX — NEW YORK. U.S.A.

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